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AG dismisses Spanish challenges to Unitary Patent

eu-flagThe long-awaited Opinions of the Advocate General on the legal challenges by Spain against the unitary patent package have been issued by the Court of Justice for the European Union (CJEU). The Advocate General has suggested that the CJEU should dismiss both challenges (C-146/13 and C147-13) pursued by Spain against the European Parliament and the Council of the EU.

As regards the language arrangements, (Regulation no 1260/2012) the Advocate General recalls that EU law has no principle of equality of languages. He acknowledges that persons who do not know one of the official languages of the European Patent Office (German, French and English) will be discriminated against and that the EU legislature has thus put in place a difference of treatment. Nevertheless, the Advocate General takes the view that that choice of languages pursues a legitimate objective and is appropriate and proportionate to the guarantees and aspects which attenuate its discriminatory effect.

The final ruling by the CJEU on Spain’s case against the unitary patent package is expected early in 2015.

A summary of the Advocate General’s Opinions can be found in the press release of the CJEU.

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